What hours am I required to pay an hourly employee?

Question

I want to be fair... not to mention legal. I live in the state of California, United States of America

Legally speaking... what hours do I owe this employee?

One of my employees and myself (as his supervisor) are working on a special project that requires travel to another branch location.I picked him up at his house this morning in a company vehicle at 5 AM. We traveled some ways away to another branch and arrived at 8 AM. We worked at that branch until 5 PM. He drove the company vehicle back to his home and arrived at 7:30 PM.

I'm doing his hourly time card. Which hours do I pay him for?

Answer 1

You pay him from 8 am to 5 pm. From the California law: "Time spent commuting to and from the first place at which an employee's presence is required by the employer shall not be considered to be a part of a day's work, when the employee commutes in a vehicle that is owned, leased, or subsidized by the employer and is used for the purpose of ridesharing, as defined in Section 522 of the Vehicle Code."

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=00001-01000&file=500-558

Answer 2

If this employee is a good employee then maybe the time traveling to the alternate location the travel time back should be off the clock . this should keep him from being totally unhappy and yet satisfy your pay-role. There are many ways this could be interpreted but this seems to be the most common practice . after all he technically isn't working productively while traveling and he shouldn't mind the extra pay. and while "off the clock" it is technically his responsibility to get home.
And of course the time he actually was on the job.8-5

I noticed he drove the company vehicle back. Is driveing a normal part of his job duties ?

Answer 3

Since you are working at another branch it would a standard 30 minute comute to work and another 30 minutes back home. But it could be different if his regular branch is more than 30 minutes from his house. Then you would subtract his standard time from his now comute time. Also let him know since the new job is more than 30 miles from the standard branch his lunches can be written off his taxes and a job expense.

Answer 4

8 hours regular time 4 hours at time and 1/2 then 2 1/2 at doubletime
The fact its a 'special' project exempts it from qualifying as simply 'sharing a commute'. This trip seems out of the norm for this employee's job scope-go ahead and pay them right.
A commute of five and a half hours (2/1/2 at the wheel) was surely never discussed as a requirement for a standard work day. Jeez, who could accept employment for wages under those conditions.
Since it's apparently a rare occurance, it's not going to bankrupt you to show management's appreciation, and pay accordingly..

Answer 5

Technically you should, but every company has a different policy on that. I have been an hourly employee and traveled for work. My travel time was always paid for (here in CA).

Answer 6

40